Stop & search presentation

January 5, 2018 | Author: Anonymous | Category: Social Science, Law, Criminal Justice
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Stop and Search

Chief Inspector Simon Ellis

Stop & Search Introduction • A policing tool since the Vagrancy Act of 1824 • Modern stop and search powers designed to detect offences and deter crime • Concerns remain about its fairness and effectiveness Presentation aims: -

Historic Overview Police Powers Disproportionality A Local Picture

A Brief History • The ‘Sus’ Laws • The Brixton Riots • The Introduction of the Police and Criminal Evidence Act 1984 • Stephen Lawrence • Macpherson • The Terrorism Act 2000

Current Stop and Search Powers • There are 20 different Sections from 16 different Acts • PACE provides statutory guidance • Most cases an officer must have reasonable grounds for suspicion • There must be some objective basis for suspicion based on facts • Officers cannot use ethnicity to help form their grounds for suspicion

Reasonable Grounds for Suspicion The following Acts provide the powers that Police Officers most frequently exercise that require reasonable grounds for suspicion: Power

Extent of Search

Where Exercisable

Object of Search

S1, Police and Criminal Evidence Act 1984

Searches of persons and vehicles

In a public place

Stolen goods, offensive weapons, articles for use in damaging property

S23, Misuse of Drugs Act 1971

Searches of persons and vehicles


Controlled drugs

S47, Firearms Act 1968

Searches of persons and vehicles

In a public place


Without Grounds for Suspicion The following Acts provide the powers that Police Officers utilise where reasonable grounds for suspicion are not required: Power S60, Criminal Justice and Public Order Act 1994

Extent of Search Persons and vehicles

S47a (replacing S44) Terrorism Act 2000

Persons and Vehicles

Schedule 7 to the Terrorism Act 2000

Persons, vehicles, vessels, etc.

Where Exercisable Anywhere authorised by an inspector or above for a period of 24 hours Anywhere authorised by an officer of ACPO rank who reasonably suspects that an act of terrorism will take place Ports and airports

Object of Search Offensive weapons or dangerous instruments Evidence of terrorism

Anything relevant to determining if a person falls within the definition of a terrorist

The Search Itself Code A of PACE dictates that’s Police Officers conducting searches must provide the following: Grounds Object Warrant Card Identity Station Entitlement Legal Power Your Detained

An explanation of the grounds for the search An explanation of what the Officer is looking for Plain clothed officers, must show their warrant card The Officers name and collar number The station to which they are attached Entitlement to a copy of the search record An explanation of the legal power being exercised An instruction that they are detained for the search

Use of Stop & Search Today, stop and search continues to be widely used in England and Wales.

There were over one million searches conducted in 2009/10.

Searches Resulting in Arrest The following table shows the percentage of searches resulting in arrest by statutory power exercised in England and Wales:

Proponents of the power, especially under terrorism legislation, argue that its use disrupts and deters criminal activity

Disproportionality • Community Support is Crucial • Positive Interactions are Key • August 2011 Riots The UK riots panel noted that “…concern was widely felt by young Black and Asian men who felt stop and search was not always carried out with appropriate respect.” • Concern over the Disproportionate targeting of ethnic minorities • Disproportionality Persists Nationally

Disproportionality Rates The following graph shows searches under PACE and other legislation per 1,000 population, by self-defined ethnicity in England and Wales.

In 2009/10, under PACE 1984 and other legislation, black people were seven times more likely to be stopped and searched than white people, and Asian people 2.2 (twice as likely) to be searched than white people.

Possible Explanations • An ethnic bias on the part of officers; • The available population for searching contains a greater proportion of ethnic minorities, who spend more time in public spaces • Searches occur in geographic areas with a greater concentration of ethnic minorities.

Factors such as age, employment and exclusion from school also affect the likelihood of being stopped and searched. Nevertheless, it is indisputable that the disproportionate use of stop and search on black and ethnic minority communities is perceived as racially motivated and therefore needs to be taken seriously.

The Local Perspective Stop Searches Asian Black Mixed Not Stated Other White BME Total Bristol 82 259 64 124 17 1422 422 1968 B&NES 6 18 21 28 1 537 46 611 Force 111 325 113 285 41 4185 590 5060 Stop Searches per 1,ooo Population Asian Black Mixed Not Stated Other White BME Bristol 3.5 10.1 4.1 0 4.5 4 6.1 B&NES 1.3 13.6 7.2 0 1.3 3.2 4.8 Force 2.6 10.5 4 0 6.4 2.8 5.5 Disproportionality Ratio Against White Asian Black Mixed Other BME Bristol 0.9 2.5 1 1.1 B&NES 0.4 4.2 2.2 0.4 Force 0.9 3.7 1.4 2.3

There have been no S60 authorisations given in B&NES in the last 12 months.

1.6 1.5 2

Arrest Rate Asian Black Mixed Not Stated Other White BME Bristol 18.3% 10.4% 6.3% 0.0% 5.9% 8.3% 11.1% B&NES 0.0% 16.7% 9.5% 0.0% 0.0% 3.7% 10.9% Force 18.9% 10.2% 8.8% 0.0% 2.4% 6.1% 11.0%

The National Picture in England and Wales 9% of all searches in 2011/12 in England and Wales led to an arrest. There were 21 searches per 1,000 population throughout England and Wales in 2011/12. In 2011/12, 67% of the persons stopped and searched defined themselves as White, 14% as Black and 10% as Asian. Over the period 2001/02 to 2007/08 the disproportionality ratios climbed slowly: • from 4.9 to 7.6 for the black/white • from 1.5 to 2.3 for the Asian/white Source: Equality and Human Rights Commission analysis of data from Statistics on race and the criminal justice system 2001/02 to 2007/08 editions published by the Home Office and Ministry of Justice.

What We’re Doing Locally • Ensuring that Police Officers are given adequate training regarding their powers and have a thorough understanding of ‘reasonable grounds’ • Ensuring Police Officers have a thorough understanding that Stop & Search practices must be intelligence led rather than based on generalisations or hunches. • We have removed all targets for Stop & Search • Piloting a system of using a Traffic Light system to flag up when an Officer disproportionately Stops and Searches. This is considered to be National Best Practise • And of course we’re looking to you to let us know what you think about this issue

This presentation was Adapted from The Police Foundation, Series 2, Edition 3 (March 2012) Stop and Search and with reference to Equality and Human Rights Commission (2010) Stop and think: A critical review of the use of stop and search powers in England and Wales, Equality and Human Rights Commission


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